Website terms are routinely held to be enforceable even if you never clicked the link to read them, IF: 1) There has been constructive notice that terms exist.

Website terms are routinely held to be enforceable even if you never clicked the link to read them, IF: 1) There has been constructive notice that terms exist. If the only link to them is buried in a footer you never have to scroll to, then you can argue there was no such notice. That's why so many forms have the "by purchasing you agree to our terms" type text in the form; if you're filling out the form you can't argue you never saw the link. 2) The terms are reasonable. For example: http://arstechnica.com/tech-policy/2010/01/browserwrapped-terms-of-use-still-enforceable-says-court/ http://arstechnica.com/tech-policy/2010/01/browserwrapped-te...